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NESBITT v. JONES

No. 18344.

344 P.2d 949 (1959)

Don NESBITT, Plaintiff in Error, v. Josephine Graham JONES, Russell Lee Jones, Frederick E. Post, Emmeline E. Post, the Pleasant Valley and Lake Canal Company, and all unknown persons who claim any interest in the subject matter of this action, Defendants in Error.

Supreme Court of Colorado, En Banc.

October 13, 1959.

Attorney(s) appearing for the Case

William H. Allen, William C. Stover, Eugene E. Mitchell, Ft. Collins, for plaintiff in error.

Albert P. Fischer, Ward H. Fischer, Ft. Collins, William R. Kelly, Greeley, for defendant in error Pleasant Valley & Lake Canal Co.

DOYLE, Justice.

Plaintiff in error was plaintiff in the district court in an action in which he sought to quiet title to certain lands and water rights in Larimer County, Colorado. He named five defendants, but only one of these, the Pleasant Valley and Lake Canal Company, appeared and defended. That company is a mutual ditch company incorporated in 1879. It holds decreed priorities from the Cache La Poudre River aggregating 57.15 cubic feet per second of time which...

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